ON ALL-UKRAINIAN AND LOCAL REFERENDUMS

(Changed and amended according to Law of Ukraine #2481-XII
of June 19, 1992, Vidomosti Verkhovnoyi Rady (VVR), 1992, #35, p. 5; #2628-III
of July 11, 2001)

(According
to the Law of Ukraine #2481-XII of June 19, 1992, words "Ukrainian
SSR", "Crimean ASSR" have been replaced with words
"Ukraine" and "Republic of Crimea" respectively in the
title and text of the Law)

CHAPTERI. GENERAL
PRINCIPLES

ARTICLE 1. Notion and Types of Referenda.

With
the purpose to ensure democracy and citizen's direct participation in State and
Local management, the referenda should be conducted in Ukraine.
Referendum - is a method for the citizens of Ukraine
to vote in order to adopt Laws of Ukraine and other resolutions on important
issues of State and local significance.

According
to the Constitution of Ukraine, All- Ukrainian, Republic
of Crimea, and local (within
administrative and territorial units) referenda shall be conducted.

Laws
and other decisions adopted through All-Ukrainian referendum have superior
judicial power over legislative acts of the Verkhovna Rada of Ukraine, Supreme
Council of Republic of Crimea, as well as over Normative acts of the President
of Ukraine, Cabinet of Ministries of Ukraine, high executive and administrative
State bodies of Republic of Crimea, and over ancillary acts of Ministries and
Department of Ukraine, and Republic of Crimea, as well as over local Councils
of peoples' deputies resolutions. Decisions adopted through local referenda have
superior judicial power over councils of peoples' deputies resolutions on the
territory the referendum is conducted.

Laws and other decisions adopted by the referendum shall
not require ratification by state bodies and may be abolished or altered only according
to the procedure stipulated by this Law.

ARTICLE 2. Legislation on Referenda.

The
procedure of preparation and conduct of All-Ukrainian and local referenda shall
be regulated by the Constitution of Ukraine, by this Law, and other legislative
acts of Ukraine.

The
procedure of preparation and conduct of Republican and local Referenda in the Republic
of Crimea, on questions relevant to
its authority, shall be regulated by this Law and Republic
of Crimea legislation.

(Paragraph
2, Article 2 in the wording of Law of Ukraine #2481- 12 of June 19, 1992)

ARTICLE 3. Subject - Matter of All-Ukrainian Referendum.

The subject-matter of All-Ukrainian referendum can be:

confirmation
of the Constitution of Ukraine, its separate provisions, as well as
introduction of changes and amendments to the Constitution of Ukraine;

adoption,
change or cancellation of Laws of Ukraine or their separate provisions;

adoption
of decisions which determine the principal content of the Constitution of
Ukraine, Laws of Ukraine, and other legislative Acts.

ARTICLE 3-1. Subject - Matter of Republican and Local Referenda in Republic
of Crimea.

The subject - matter of Republican (Republic Crimea)
referendum can be: adoption, change or cancellation of decisions on questions,
handed over by legislation of Ukraine
to Republic of Crimea
authority.

The
subject-matter of local referendum in the Republic
of Crimea is determined by Republic
of Crimea legislation.

(Article
3-1 added to Law according to Law of Ukraine #2481-12 of June 19, 1992)

ARTICLE 4. Subject - Matter of Local Referendum.

The
subject-matter of a local referendum can be:

adoption, change or cancellation of decisions on
questions handed over by legislation of Ukraine
to local self-governance and appropriate administrative and territorial units'
authority;

adoption
of decisions, which determine local Councils of Peoples' deputies and their
executive and administrative bodies' resolutions.

ARTICLE 5. Questions Submitted to All-Ukrainian Referenda.

Questions attributed by the Constitution of Ukraine to
Ukrainian jurisdiction can be submitted to All-Ukrainian referendum.

Questions
on realization of Ukrainian people' s right to self-determination and joining
federative or confederative state formations, as well as leaving them may be
submitted to All-Ukrainian referendum only.

Questions
attributed by legislation of Ukraine to a Court or Prosecutor's jurisdiction
shall be not submitted to All-Ukrainian referendum, amnesty and pardon questions,
as well as questions of extraordinary and urgent steps taken by State bodies of
Ukraine to protect public order, health and security of citizens also may not
be submitted to All-Ukrainian referendum;

questions
related to the election, appointment and exemption of officials under the
jurisdiction of the Verkhovna Rada, the President and Cabinet of Ministries of
Ukraine shall not be submitted to the mentioned referendum as well.

ARTICLE 6. Questions Submitted to Local Referenda.

Questions attributed by legislation of Ukraine to local
self-government jurisdiction of appropriate administrative and territorial
unites, as well as questions on pre-term termination of appropriate Council of
Peoples' deputies and its Chairperson's authorities may be submitted to local
referendum.

The following questions within appropriate administrative
and territorial units may be resolved exclusively by local Referenda: name and
renaming of village Councils, settlement towns, rayons and regions (oblasts);
merging in a simple unit of administrative and territorial units of the same,
which have a common administrative center; alteration of local
self-government's base level in rural districts (rayons), the questions of the
reorganisation or liquidation of community-owned pre-school educational
establishments, as well as pre-school educational establishments set up by the
former agricultural collective and state-owned farms. (The Paragraph changed
and amended according to Law of Ukraine #2628-III of July
11, 2001)

Questions
on disaffirmation of higher state and self-government bodies' legal
resolutions; questions attributed to the jurisdiction of a Court or
Prosecutor's office; questions related to election, appointment, and exception
of officials under the jurisdiction of an appropriate local Council of peoples'
deputies, and their executive, as well as administrative bodies may not be
submitted to local referendum.

ARTICLE 6-1. Restrictions for Conduct of Referenda.

Referenda
on questions, not attributed to the Republic
of Crimea, as well as local and
regional self-governance bodies of administrative and territorial units'
jurisdiction, are not allowed in Ukraine.
The results of such referenda shall be considered as legally invalid.

(Article
6-1 added to Law according to Law of Ukraine #2481-12 of June 19, 1992)

ARTICLE 7. Principles of Citizens' Participation in Referenda.

Citizens
of Ukraine, who are 18 years of age on referendum day and who have their
permanent residence in a territory of Ukraine or appropriate region, district,
city, city district, settlement, and village Council, have the right to
participate in All-Ukrainian and local referenda.

Any
direct or indirect restrictions of rights of citizens of Ukraine to participate
in a referendum due to birth, social or property status, race and nationality,
sex, education, language, religious preferences, political convictions, type
and character of occupation, are prohibited.

Those
citizens found mentally ill and incompetent by a court, as well as persons
incarcerated, shall not participate in referenda.

Citizens
participate in referenda on an equal basis. Each citizens has one vote.

The
referendum is direct: citizens shall participate in a referendum directly.

Voting
in a referendum is by secret ballot: control over citizens' freedom of choice
is prohibited.

ARTICLE 8. Democratic Grounds of Referenda Preparation and Conduct.

Citizens,
political parties, public organizations, mass movements, and labor collectives
shall have the right to free campaign publicity "for" a proposal to
declare the Referenda, to adopt a law or other decision submitted for
referendum, as well as against proposals to declare the referendum, to adopt a
law or a decision.

To implement this right, the interested persons and
organizations shall be provided with premises for meetings, ensured with the
possibility to use mass media. The draft of a law or decisions submitted to
referendum shall be discussed within boundaries of Ukraine
or the administrative and territorial unit, where the referendum shall be conducted.

The
activity of State and public bodies, participating in the preparation and
conduct of a referendum, shall be open and public.

All
decisions concerning a referendum, as well as drafts of laws and other
resolutions submitted to the referendum shall be published by mass media.

The
mass media shall publicize the preparation and conduct of the referendum and
representatives of the mass media shall be guaranteed unrestricted access to
all assemblies and meetings related to the referendum, and be provided with
information.

Any
campaign publicity on the day of a referendum is prohibited.

ARTICLE 9. The Conduct of a New Referendum.

A new referendum on a question, earlier submitted to
referendum, can be conducted not earlier than 5 years, the local referendum -
no earlier than 1 year, after the day of referendum on these questions was
conducted.

ARTICLE 10. Responsibility for Violations of Legislation on Referendum.

The
adoption of resolutions to conduct Referenda on questions not attributed to the
Republic of Crimea
jurisdiction or to local and regional self-governance bodies jurisdiction is
fraught with responsibilities envisaged by Law.

(Paragraph
1 added to Article 10 according to Law of Ukraine #2481-12 of June 19, 1992)

Persons
who interfere with the rights of the citizens of Ukraine to participate in a
referendum or to conduct a pre-voting publicity, by means of violence, fraud,
threat or other means, as well as members of referendum commissions, officials
who forge referendum documents, deliberately miscalculate votes, or who violate
the secrecy of voting, or otherwise violate this Law, shall be accountable
before the laws of Ukraine.

ARTICLE 11. Financing of Referenda.

Preparation
and conduct of All-Ukrainian referendum shall be financed at the expense of the
state budget, local elections - at the expense of appropriate local budgets.

The
procedure of preparation and conduct of Referenda is determined by the Cabinet
of Ministries of Ukraine and by the appropriate local Councils of peoples'
deputies.

CHAPTER
II. PROCEDURES FOR CALLING REFERENDA

ARTICLE 12. Calling of Referenda.

All-Ukrainian referenda shall be called by the Verkhovna
Rada of Peoples' deputies.

ARTICLE 13. Calling of Referenda on Citizens of Ukraine and People Deputies'
demand.

The
Verkhovna Rada of Ukraine
shall call All-Ukrainian referendum

1) on
questions of approval or abolition of the Constitution of Ukraine as well as on
questions of pre-termination of the Verkhovna Rada and the President of
Ukraine, in case it shall be demanded by not less than three million citizens
of Ukraine, who have the right to participate in a referendum;

2) on questions of approval or abolishing of the
Constitution of Ukraine or other legislative acts of Ukraine, which, according
to this Law may be submitted to All-Ukrainian referendum, except questions on
the pre-term termination of the authorities of the Verkhovna Rada and the
President of Ukraine, if this shall be demanded by not less that one-half of
peoples' deputies of Ukraine.

The
local council of the peoples' deputies shall also call a local referendum if
not less than one-half of the total number of Council peoples' deputies demand
or if the demand is signed by ten percent of the citizens of Ukraine, who
permanently reside in the territory of appropriate administrative and
territorial unit, and who have the right to participate in the referendum.

ARTICLE 14. Realization of Peoples' Deputies Right to Demand Referendum.

The
demand of no less than one-half of all peoples' deputies of Ukraine, or
peoples' deputies of a local council to call a referendum shall be realized by
a role-call at a plenary meeting of the appropriate council or by the
collection of peoples' deputies signatures. Collected signatures of peoples'
deputies of Ukraine shall be certified by the signature of the Verkhovna Rada
of Ukraine, and collective signatures of local council deputies - by the
Chairperson of an appropriate local council of peoples' deputies.

ARTICLE 15. Realization of Citizens' of Ukraine
Right to Demand Referenda.

The
right to initiate the collection of the signatures in favor of demand to
conduct an All-Ukrainian referendum shall belong to the citizens of Ukraine,
eligible to participate in a referendum, and the demand to call a local referendum
- shall belong to the citizens of Ukraine, who permanently reside in the
territory of an appropriate administrative and territorial unit, and who are
eligible to participate in a referendum. The collection of signatures shall be
organized and conducted by the initiative groups of the referendum, formed
according to this Law.

ARTICLE 16. Formation of Referenda Initiative Groups.

The
All-Ukrainian referendum initiative group shall be formed by citizens of Ukraine
meeting, if no less than 200 persons, with the right to take part in a
referendum, participate in it.

The
region (oblast), city (cities of republican or oblast subordination), rayon and
city rayon referendum initiative group shall be formed by citizens of Ukraine
meeting, if no less than 200 citizens, and the city (cities of rayon
subordination), settlement, and village referendum initiative group - by
meetings, if no less than 50 citizens of Ukraine, eligible to participate in a
referendum, and who permanently reside in the appropriate territory.

The
initiators of an All-Ukrainian referendum meeting must inform in written form a
Chairperson of rayon, city (cities of republican or oblast subordination)
Council of peoples' deputies, on which the territory the meeting shall take
place, and the initiators of a local referendum meeting - a Chairperson of a
local Council of peoples' deputies, on which the territory the local referendum
is proposed to be conducted, about the time, place, and purpose of the meeting
no later than 10 days before the meeting shall take place.

Before
the beginning of the meeting its participants shall be registered, and the list
of the participants, which includes then surname, patronymic, and address shall
be compiled.

A
Chairperson and a Secretary of the meeting shall be elected by its
participants. The further agenda of the meeting must contain a discussion of
both the advisability to conduct a referendum, and a draft of the question
proposed to be submitted to it.

In
case the proposal to conduct a referendum, and a wording of the question
proposed to be submitted to this referendum, shall be supported, the initiative
group entrusted with collection of citizens signatures, shall be elected.

The
All-Ukrainian referendum initiative group shall consist of no less than 20
citizens of Ukraine,
who have the right to participate in a referendum. The local referendum
initiative group shall consist of no less than 10 citizens of Ukraine,
who have the right to participate in a referendum and permanently reside in the
territory of an appropriate administrative and territorial unit.

Minutes
of the meeting shall be compiled which must include information on results of
voting of all agenda items.

Meeting
documents - participants list, minutes of the meeting, and the exact wording of
the question proposed to be submitted to a referendum, as well as the list of
an initiative group, which includes dates of documents to establish their
identities, shall be certified be the signatures of the Chairperson and the Secretary
of the meeting.

ARTICLE 17. Registration of Initiative Groups.

The
all-Ukrainian referendum initiative groups shall be registered by the Central
Commission of all-Ukrainian referendum upon the submission of Chairperson of
rayon, city (cities of republican and oblast subordination) Councils of
peoples' deputies on which the territory citizens meeting were held and
initiative groups elected.

The
local referendum initiative groups shall be registered by the Chairperson of
the local Council of peoples' deputies within which the territory the conduct
of local referendum is proposed.

To
register the initiative group, the documents of the citizens meeting, foreseen
by Article 16 of this Law, as well as the obligation, certified by the
signatures of initiative group members, to observe the law of Ukraine on
Referenda, shall be submitted to the Chairperson of the appropriate Council of
peoples' deputies.

If
the submitted documents meet the requirements of this Law, the Chairperson of
the appropriate local Council of peoples' deputies, within 10 days term, shall
submit the all-Ukrainian referendum initiative group documents to the Central
Commission on all-Ukrainian referendum or shall register the local referendum
initiative group. After that, he or she, within three days term, shall give the
local referendum initiative group the required registration certificate and the
accreditation of initiative group members, on a form established by the
Presidium of the Verkhovna Rada of Ukraine.

The
certificate on registration of the local referendum initiative group shall
indicate the exact number of citizens' signatures (based upon list of citizens
participated in the latest referendum or upon the list of voters of the latest
elections) necessary to support the demand to conduct the local referendum, and
the terms for signature collection.

If
the submitted documents on all-Ukrainian referendum initiative group meet the
requirements of this Law, the Central Commission on all-Ukrainian referendum
shall register the All- Ukrainian referendum initiative group within 15 days,
and after that, within three days, shall give the all-Ukrainian referendum
initiative group the certificate on registration and the accreditation of
initiative group members of a form established by the Presidium of the
Verkhovna Rada of Ukraine. The term for signature collection shall be indicated
on the certificate of registration.

When
all-Ukrainian referendum initiative groups are being registered, ordinal
numbers shall be given to them, as for local referendum initiative groups, in
addition to ordinal numbers, they shall also be given with names corresponding
to the names of the appropriate Council of peoples' deputies.

Information
on registered all-Ukrainian referendum initiative groups shall be submitted to
the Presidium of the Verkhovna Rada of Ukraine.

Information
on registration of initiative groups shall be published in the press.

The
central number of initiative groups on such referendum is not limited.

The
registration number of initiative groups shall not be charged. The organization
and activity of initiative groups shall not be paid by Council of peoples'
deputies or other state bodies and institutions of Ukraine.

A
denial of registration of the initiative group or absence of a decision on registration
may be appealed by members of the initiative group to the rayon (city) court
located within the territory of the Central Commission on all-Ukrainian
referendum or the appropriate Council of peoples' deputies.

ARTICLE 18. Procedures and terms for collection of signatures by
initiative groups.

The
day the initiative group has received the certificate of registration, it has
the right to organize and unrestrictedly collect the signatures on forms for
citizens signatures demanding the conduct of the referendum (petition forms).

The
total term for collection of signatures on the question of all-Ukrainian
referendum conduct, should not exceed three months, as for local referendum -
one month from the day the first initiative group on an appropriate referendum
was certified on registration.

Every
petition form must have a name, the ordinal number of the initiative group, the
ordinal number of the petition form, as well as the wording of the question,
suggested to submit to referendum. A sample of the petition forms of
all-Ukrainian and local referenda shall be approved by the Central Commission
on all-Ukrainian referendum.

Members of the initiative group must notify the citizens
of Ukraine that
they may sign only one petition form with a given demand to conduct the
referendum.

The
citizen of Ukraine,
who supports the demand to conduct the referendum, shall place his signature on
the petition form, indicating at the same time his surname, name, patronymic
and the date of the signature. According to documents of the citizen, the
member of the initiative group shall indicate in the petition form the date of
his birth and place of permanent residence.

If a
document to establish the identity of a citizen is absent, his signature is
deemed void and shall not be counted. When the petition form is completed, the
total number of citizens' signatures shall be counted. The correctness of
information in the petition form shall be certified by signatures of two
members of the initiative group.

During
10 days after the last day the citizens' signatures were placed in the petition
form, and no later than the fixed term designated to collect signatures under
the given demand to conduct a referendum, the signatures of the members of the
initiative group in the petition form must be certified by a signature of an
official person specially authorized for that by the Chairperson of rayon, city
(cities of republican and oblast subordination) Council of peoples' deputies
which registered the local referendum initiative group. The petition form may
be copied.

During
the collection of signatures, the Chairperson of an appropriate Council of
peoples' deputies, where signatures of the initiative group members are
certified, shall organize the checking of the authenticity of records on
petition forms. In case of violations of signature collecting procedures and
petition forms execution are revealed, the Chairperson of rayon, city (cities
of republican and oblast subordination) Councils of people deputies, in the
territory which the all-Ukrainian referendum initiative group carries out its
activity, shall submit a presentation to the Central Commission on all-
Ukrainian referendum.

Within
10 days after the filing of the presentation, the Central Commission on
all-Ukrainian referendum may adopt a resolution on suspension of the activity
of the initiative group members who committed the violation, on recognition of
their accreditation, as well as petition forms or signatures of the separate
citizens, placed on the petition form with violation of procedure foreseen by
this Law, as void.

If a
violation is committed during the collection of signatures for conducting the
referendum, the decision on suspension the activity of the initiative group
members, who committed the violation, on recognition of their accreditation, as
well as petition forms or signatures of the separate citizen, placed on the
petition form with violation of procedure, foreseen by this Law, as void, shall
be adopted during 10 days term by the Chairperson of that local Council of
peoples' deputies where the local referendum initiative group is registered.

In
case the violation of signature collecting procedure shall be repeated by the
initiative group, the Central Commission on all- Ukrainian referendum or the
Chairperson of local Council of peoples' deputies, where the local referendum
initiative group is registered, may adopt the appropriate resolutions on halting
the initiative group's activity, and recognize the certificate of its
registration, the members' group accreditation and a petition form, as invalid.
In so doing, the all-Ukrainian referendum initiative group's documents and
collected petition forms shall be submitted to the Central Commission on
all-Ukrainian referendum.

Local
referendum initiative group's documents and collected petition forms shall be
submitted to the appropriate Council of peoples' deputies. Citizens' signatures
on the submitted petition forms, excluding those recognized as void, shall be
taken into account, when final tabulation of a total number of Ukrainian
citizens' signatures, demanding the conduct of the referendum, shall be
executed.

ARTICLE 20. Tabulation of signatures of Ukrainian Citizens, who demand
to conduct the Referendum

When
the collection of signatures is ended, the initiative group within three days
shall compile a protocol, containing the information on the total number of
citizens' signatures collected on the territory of an appropriate Council of
peoples' deputies, as well as the date of initiative group registration, and
the date when collection of signatures is completed.

Petition
forms on all-Ukrainian referendum shall be officially handed over for
safe-keeping to the Chairperson of rayon, city (cities of the republican and
oblast subordination) Council of peoples' deputies, on the territory which the
collection of signatures was conducted. Petition forms on local referendum in
the same manner shall be handed over to the Chairperson of the local Council of
peoples' deputies, within the territory where the referendum is proposed.
Petition forms shall be preserved for two months after the referendum. The
total number of petition forms and signatures of citizens shall be indicated in
the record. Three copies of the record shall be certified by the signatures of
no less than three members of the initiative group, as well as by the
Chairperson of an appropriate Council of peoples' deputies, or by the Deputy
Chairperson.

After
the signing of the record, the all-Ukrainian referendum group within one week,
shall hand over the final protocol, as well as a record, together with a demand
to conduct a referendum, to the Central Commission on all-Ukrainian referenda.

The
Central Commission on all-Ukrainian referenda shall ensure the registration of
the documents submitted by all the all-Ukrainian referendum initiative groups;
during one month after the day the appropriate documents were submitted, the
Central Commission shall partially or fully check the authenticity of submitted
documents; the Commission shall sum up the general results of signatures'
collection throughout Ukraine and compile a protocol.

If
two or more signatures of one and the same citizen are revealed in petition forms,
his signatures shall not be counted.

The
protocol and documents on verification, shall be handed over within one week by
the Central Commission on all-Ukrainian referenda to the Presidium of the
Verkhovna Rada of Ukraine,
and shall be examined by the Presidium within two weeks term from the day of
their submission.

The
Presidium of the Verkhovna Rada of Ukraine
may commission the peoples' deputies of Ukraine
as well as local Councils of peoples' deputies to partially or fully check the
submitted documents. After that, the Presidium of the Verkhovna Rada shall pose
a question on all-Ukrainian referendum for consideration by the Verkhovna Rada
of Ukraine
session.

The Chairperson of the local Council of peoples'
deputies, within which territory which the local referendum is proposed, shall
secure the registration of the documents on the given question submitted by all
local referendum initiative groups; during 15 days after the day the
appropriate documents were submitted, he or she, with the participation of all
local referendum initiative groups, shall organize the partial or full check of
the authenticity of these documents, as well as the tabulation of the general
results of signature collection. The protocol shall be certified by the
Chairperson of the Council of peoples' deputies and by the representatives of
initiative groups. After that, the question on local referendum shall be
submitted to discussion at the session of the appropriate Council of peoples'
deputies.

In
case the required number of signatures of citizens of Ukraine
in support of the referendum is not collected in terms defined by this Law, the
all-Ukrainian or local referendum shall not be conducted. The appropriate
resolution shall be adopted accordingly by the Presidium of the Verkhovna Rada
of Ukraine or
by the Chairperson of the local Council of peoples' deputies, on the territory
which the referendum was proposed.

ARTICLE 21. Adoption of Resolution on question to Conduct the
Referendum.

Having
received the properly validated proposal, the Verkhovna Rada of Ukraine
or the appropriate local Council of peoples' deputies at its session, within
one month, shall adopt one of the following resolutions:

1.On
calling the referendum;

2.On
rejection of the proposal to conduct a referendum, if considerable violations
of this Law, which substantially influence the grounds to call the referendum,
were revealed;

3.On
adoption of the resolution, which is proposed in demand to call a referendum,
without conducting the referendum itself.

If
the question on the pre-term termination of the authority the President of
Ukraine shall be submitted to the all-Ukrainian referendum, an appropriate
resolution shall be adopted by a majority of no less than 2/3 of all peoples'
deputies of Ukraine.

ARTICLE 22. The Content of the Resolution on calling the Referendum.

On
the resolution on calling the referendum the following shall be defined: date
of the referendum; the title of the draft of the Law or resolution; the content
of the question for referendum.

The
date for the all-Ukrainian referendum shall be appointed no earlier than 3 and
no later than 4 months before its conduct.

The
local referendum shall be appointed no earlier than one month and no later than
two months from the day the resolution on its conduct was adopted.

The
information on the appointment of the referendum, the content of the draft of
the Law, resolution and other questions submitted to the referendum shall be
announced correspondingly through republican and local mass media during 10
days term after the decision on its calling was adopted.

CHAPTER
III. PREPARATION AND CONDUCT OF REFERENDA

ARTICLE 23. Voting Divisions.

The
territory of rayons, cities, city rayons, settlements, and village councils
shall be divided into voting divisions for the purpose of voting and tabulation
of votes during the referendum.

Voting
divisions shall also be formed at military units, for hospitals and other
stationary health care facilities, for people in regions with difficult access,
for vessels at sea on referendum day. If there are proper conditions, such
divisions may be formed for representational officers of Ukraine
located abroad.

Voting
divisions shall be formed by rayon, city, city rayons, village, and settlement
Councils of peoples' deputies or by their Chairpersons. The voting divisions
for military units shall be formed by appropriate Councils of peoples' deputies
or their Chairpersons on the submission of commanders of those military units.

Voting
divisions for vessels at sea on referendum day shall be formed by appropriate
councils of peoples' deputies or their Chairpersons at the vessels' port. Such
divisions for representational officers, of Ukraine
located abroad shall be formed by Councils of peoples' deputies or their
Chairpersons on commission from the Ministry of Foreign Affairs of Ukraine.

Voting
divisions shall be formed no later than one-and-a-half months prior to the
All-Ukrainian referendum, and 20 days prior to the local referendum. Voting
divisions for military units, regions with difficult access, and vessels at sea
on the referendum day shall be formed on the same terms, but in exceptional
cases - no later than five days before the referendum.

Voting
divisions shall be formed where 20 to 3000 citizens, who have the right to
participate in the referendum, are present and in exceptional cases, with fewer
or greater numbers.

The
appropriate council of peoples' deputies or its Chairperson shall inform
citizens about boundaries of each voting division with indication of the
location of voting division commission, and premises for voting.

ARTICLE 24. Voting Commissions.

For
the purpose of the preparation and conduct of the All- Ukrainian referendum the
following commissions shall be formed:

Central
Commission on All-Ukrainian referendum;

Commission
of the Republic of Crimea
on All-Ukrainian referendum;

Oblast,
rayon, city, city rayon, settlement, and village commissions on referendum;

Division commissions on referendum.

Before
the Central Commission on All-Ukrainian referendum is formed, its functions
shall be executed by the Central Electoral Commission on the elections of
peoples' deputies of Ukraine.

For
the purpose of preparation and conduct of local referendum within
administrative and territorial units the following commissions on the
referendum shall be formed:

Oblast,
rayon, city, city rayon, settlement, and village commissions on referendum;

Division
commissions on referendum.

In
case two or more Referenda shall be announced and conducted simultaneously, the
commissions formed in accordance with this law shall be common for all
simultaneously announced referendum.

Commissions
on the referendum may be formed on the basis of the existing electoral
commissions.

If
the referendum and the elections of peoples' deputies or the President of
Ukraine shall be conducted at the same time, common commissions on referendum
and elections may be formed.

ARTICLE 25. The Formation of the Central Commission on All-Ukrainian
Referendum.

With
the consideration of suggestions of committees of political parties, mass
movements, public organizations, labor collectives or their councils,
professional and technical middle-level and higher educational institutions,
meetings of citizens at their place of domicile, and servicemen in military
units, the Central Commission on All-Ukrainian referendum shall be formed by
the Supreme Council of the Republic of Crimea, oblast, Kyiv and Sevastopol city
Councils of peoples' deputies or their Chairpersons, as well as on submissions
from republican bodies of political parties, mass movements, public
organizations, and All-Ukrainian referendum initiative groups no later than
one-and-a-half months prior to the referendum, and includes a Chairperson,
Deputy Chairpersons, Secretary and 27 members.

ARTICLE 26. Authority of the Central Commission on All-Ukrainian
Referendum.

The
Central Commission on All-Ukrainian referendum:

1.
registers the All-Ukrainian referendum initiative groups;

2.
organizes the preparation and conduct of All-Ukrainian referendum;

3. exercises control over implementation of this law
within the entire territory of Ukraine
and secures its uniform application, provides explanations on application of
the Law, and in case of necessity, applies to the Verkhovna Rada of Ukraine
for interpretations of this Law;

4.
directs the activity of the Commission of the Republic
of Crimea on All-Ukrainian
referendum, of oblast, rayon, city, city rayon, settlement, and village
commission on the referendum, defines the procedure of their membership
changes;

5.
distributes funds among commissions on referendum; exercises control over
provision of referendum commissions with premises, means of transportation and
communication, and considers other issues of material and technical support for
the referendum;

6. determines
forms of lists of citizens, who have the right to participate in the
referendum, of protocols of the sessions of referendum documents, samples of
ballot boxes and seals of referendum commissions, and approves procedures for
the safekeeping of referendum documents;

7.
gathers information from state and public bodies of Ukraine
on issues related to the preparation and conduct of the referendum;

8.
forms groups for the tabulation of votes and determination of referendum
results, determines referendum results throughout Ukraine,
publishes referendum results in the press;

9.
considers applications and complaints regarding decisions and actions of
referendum commissions, and makes final decisions regarding these issues;

10.
administers other authorities in accordance with this Law.

ARTICLE 27. The Formation of the Commission of the Republic
of Crimea on the All-Ukrainian
Referendum, and Oblast, Rayon, City, City Rayon, Settlement, and Village
Commissions on the Referendum.

The commission of the Republic
of Crimea on the All-Ukrainian
referendum shall be formed by the Supreme Council of the Republic
of Crimea or by its Presidium no
later than one-and-a-half months prior to the All-Ukrainian referendum, and
includes 9-19 members.

Oblast,
rayon, city, city rayon, settlement, and village commissions on the referendum
shall be formed by an appropriate Council of peoples' deputies or by its
Chairperson, no later than one-and-a-half months prior to the All-Ukrainian
referendum, and 25 days prior to the local referendum, and includes 9-19
members.

The
representatives of the referendum commission shall be nominated by the Crimea
Republic, oblast, rayon, city, city rayon bodies of political parties, mass
movements, public organizations, or their executive bodies, by grass root party
organizations, labour collectives or their councils, professional and technical
middle-level and higher educational institutions, by village, settlements,
street, block, house committees, by meetings of citizens at their place of
domicile, and servicemen in military units.

The
representatives of the membership of voting division referendum commissions in
labor collectives, professional and technical middle-level and higher
educational institutions with more than 200 persons on the list may be
nominated by the shop, department, sector, team of workers or other
subdivisions meeting if there are no less than 20 persons on their list.

The
Chairperson, Deputy Chairperson and Secretary of the voting division referendum
commission shall be elected at its first session.

ARTICLE 28. Authority of the Republic of
Crimea Commissions on All-Ukrainian Referendum, and Oblast, Rayon, City, City
Rayon, Village, and Settlement Commission on Referendum.

The Republic
of Crimea commissions on All-Ukrainian
referendum, the oblast, rayon, city, city rayon, village, and settlement
commissions on referendum:

1.
organize the preparations and conduct of All-Ukrainian referendum or
appropriately of local referendum, exercise within the territory of Republic of
Crimea, oblast, rayon, city, city rayon, settlement and the village Council the
control over implementation of this law, and secure its uniform application;

2.
direct the activity of lower standing commissions on referendum;

3.
distribute funds among commissions on referendum; exercise control over
provision of referendum commissions with premises, means of transportation and
communication, and consider other issues of material and technical support for
the referendum;

4.
hear the reports of voting division referendum commissions, of heads of local
state power bodies, managers of enterprises, establishments and organizations
on issues, regarding the preparation and conduct of referendum;

5.
exercise control over the timely presentation by voting division referendum
commissions the lists of citizens to general public;

6.
secure the printing of ballots and their supply to voting division referendum
commissions;

7.
form groups for tabulation of voters and determination of referendum results,
determine referendum results throughout the territory of the Republic
of Crimea and an appropriate Council
of peoples' deputies;

8. determine the local referendum results, conducted
within the administrative and territorial unit, where an appropriate commission
on referendum exercises activity;

9.
consider applications and complaints regarding decisions and actions of
referendum commissions, and make the final decisions regarding these issues;

10.
administer other authorities in accordance with this Law.

ARTICLE 29. The Formation of Voting Division Referendum Commission.

The
voting division referendum commissions shall be formed by rayon, city, city
rayon, settlement and the village Councils of peoples' deputies or by their
Chairpersons no later than 40 days prior to an All-Ukrainian referendum and 15
days prior to a local referendum, and includes 5-19 members. In case of
necessity, the number of members of voting division referendum commission may
be increased or reduced by the decision of an appropriate Council of peoples'
deputies or its Chairperson.

The
representatives of the voting division referendum commission shall be nominated
by rayon, city, city rayon committees of political parties, mass movements,
public organizations or their executive bodies, by labor collectives or their
councils, by collectives of professional and technical, middle-level, and
higher educational institutions, by settlement and village, street, block and
house committees, by meetings of citizens at their place of domicile, and
servicemen in military units.

The
representatives of the voting division referendum commissions in labor
collectives, professional and technical, middle-level, and higher educational
institutions with more than 200 persons on the list may be nominated by the
shop, department, sector, team of workers or other subdivisions meetings, if
there are no less than 20 persons on their list.

The
Chairperson, Deputy Chairpersons and Secretary of the voting division
referendum commission shall be elected at its first session.

ARTICLE 30. Authority of the Division Commission on Referendum.

The
Division Commission on referendum:

1.
posts the text of the draft law, resolution, submitted to the Referenda, on the
premises of the voting station; provides citizens with the possibility to
inform them of the time of preparation and conduct of the referendum, and the
day of voting;

2.
compiles the list of citizens, eligible to participate in the referendum, in
the voting division;

3. presents
the voter list to the general public, accepts and considers applications
regarding errors in the list and resolves questions of making appropriate
changes in the list;

4.
accepts ballots in closed envelopes and secures the freedom of secret choice of
those citizens who have changed their place of domicile in the period between
presenting the lists to the general public and the day of the referendum;

5.
notifies the citizens of the date of the referendum and of the voting station
location;

6.
ensures the preparation of premises for voting and ballot boxes;

7.
organizes voting in the voting station during the day of the referendum;

8.
forms the groups for tabulation of votes, tabulates votes in the voting
division;

9.
considers and resolves applications and complaints regarding preparation of
referendum and organization of voting;

10.
fulfills other duties in accordance with this law.

ARTICLE 31. Organization of the Work of Referendum Commissions.

Meetings of the referendum commissions have legal authority
if no less than two-thirds of the commission are in attendance.

Decisions
shall be adopted by over majority vote of those on the list. Members of the
commission who disagree with the adopted decisions have the right to voice a
separate opinion which shall be attached to the written minutes of the
referendum commission meeting.

Decisions
of the referendum commission, if made within its authority, are binding upon
all state and public organization bodies, enterprises, institutions and
organizations.

Decisions
and actions of the referendum commission can be appealed to the higher
referendum commission, and in those cases, envisaged by this Law, also to the
court.

In
accordance with the decision of the referendum commission a person, who is its
member, can be exempted from work or fulfillment of duties at his principal
place of work during the preparation and conduct of the referendum period while
retaining his average pay or salary at the expense of the referendum fund.

ARTICLE 32. Assistance to be Provided to Referendum Commissions in
Administering their Authority.

State
and public bodies, enterprises, organizations and officials must render all
assistance to referendum commissions in implementing their authority, provide
them with information and materials necessary for their work.

On questions regarding the preparation and conduct of the
referendum, the referendum commission has the right to seek assistance from
state and public organizations, enterprises, institutions, agencies, and
officials who must consider the requests and respond to referendum commissions
within a three-day period.

ARTICLE 33. List of Citizens Having the Right to Participate in the
Referendum.

Chairpersons
of city, city rayon, settlement, and village Council of peoples' deputies
ensure the registration of citizens, who have the right to participate in the
referendum, the compilation of the appropriate lists, and provide these lists
to referendum division commissions.

List
of citizens, who have the right to participate in the referendum, shall be
compiled in every voting division and shall be certified with signatures by the
Chairperson and the secretary of the division referendum commission.

List of individuals currently serving in units of the
Armed Forces and who have the right to participate in the referendum, as well
as their family members and other citizens residing within military districts
shall be compiled from information supplied by commanders of those military
units, and servicemen who live outside military districts shall be included in
lists of their place of residence.

Citizens'
Lists in voting divisions of hospitals and other stationary health-care
facilities, as well as for vessels at sea on referendum day or for
representational offices of Ukraine
abroad shall be compiled from the information supplied by the administration of
those institutions or captains of those vessels.

All
citizens of Ukraine
who have the right to participate in the referendum can be included in the
citizens list of only one division.

Citizens
who live in the territory of a given voting division who for any reason are
omitted from the list, shall be included in it by the decision of the division
referendum commission.

ARTICLE 34. Access of Citizens to Lists and the Right to Appeal
Inaccuracies in the List of Citizens, who have the Right to Participate in the
Referendum.

Citizen lists shall be announced to the general public no
later than 10 days prior to the referendum. Citizen lists for hospitals and
other stationary health-care facilities and, in exceptional cases, for military
units and for vessels at sea or referendum day, shall be presented to the
general public two days prior to referendum day.

On the premises of the division referendum commission
citizens shall have the guaranteed opportunity to acquaint themselves
personally with the list and to check it for inaccuracies.

Every
citizen has the right to file a complaint regarding any omission, exclusion, or
erroneous inclusion in the list or other inaccuracies concerning him or her
personally. The complaint regarding errors shall be considered by the
referendum division commission, which must make appropriate corrections in the
list or provide the complainant with a formal letter of explanation within 2
days and, or the eve or day of the referendum. Such a decision may immediately
be appealed to a rayon (city) court, which must consider it within a 3- day
period. In accordance with the rayon (city) court decision, the referendum
division commission shall correct the voter list immediately.

ARTICLE 35. Guarantee of the Citizens' Right to Participate in the
Referendum when Place of Residence is Changed.

If
the citizen changes his or her place of residence during the period between the
submission of the lists for publication and the referendum day, the division
referendum commission at his or her request shall issue a ballot to the
citizen, who has the right to participate in referendum, upon presentation of a
passport or other document verifying his or her identity. The completed or
stamped ballot box shall be kept by the division referendum commission until
the referendum day.

ARTICLE 36. The Ballot.

The
ballot shall contain the title of the draft (drafts) of the law or resolution
submitted to the referendum, and the suggestion to answer "yes" or
"no" the question about adoption or declining of this draft (drafts).

If
two or more questions shall be submitted to the referendum, each of these
questions shall be on a separate ballot.

If
two or more referenda shall be conducted simultaneously, the ballot for each of
them shall be of a different color.

The
content and the form of ballots for All-Ukrainian or local referendum shall be
determined respectively by the Verkhovna Rada of Ukraine and by oblast, rayon,
settlement and may not contradict the content of the draft question, formulated
in peoples' deputies or citizens' demand to conduct a referendum.

Ballots
should be printed in Ukrainian, and in case of necessity, in other languages
which citizens of the voting division, who have the right to participate in the
referendum, speak.

Ballots
shall be handed over to the division referendum commissions no later than 15
days before All-Ukrainian referendum, and no later than 10 days before the
local referendum.

CHAPTER
IV. PROCEDURES OF VOTING AND DETERMINING THE REFERENDUM RESULTS

ARTICLE 37. Date and Place of Voting.

Voting
shall be conducted on the day of the referendum from 7:00
a.m. to 8:00 p.m. The
division referendum commission shall inform citizens of the date and place of
voting no later than 10 days prior to the date of the referendum.

The
division referendum commission may complete voting earlier than 8:00
p.m. in voting divisions for military units, remote areas, and
vessels at sea on the referendum day, if all citizens on the list have voted.

ARTICLE 38. Voting Organization.

Voting
shall be conducted in specially allocated premises equipped with an adequate
number of cabins or rooms for secret voting, designated places for issuing
ballots and designated places for ballot boxes. Ballot boxes shall be placed so
that the citizens, in approaching them, shall be obliged to walk through the
cabins or rooms for secret voting.

The division referendum commission shall be responsible
for organizing voting, ensuring the secrecy of the citizens' vote, and supplying
and maintaining the equipment of the premises.

On
referendum day, before voting commences, the Chairperson of the division
referendum commission, in the presence of the other members of the commission,
shall inspect and seal the ballot boxes.

Every
citizen shall vote personally; voting for another individual is not permitted.
Ballots shall be used by members of the division referendum commission, in
accordance with citizens list for the appropriate voting division, when a
citizen produces a passport or other document to establish their identity. Upon
issuance of a ballot, a citizen who has the right to participate in referendum
shall confirm the issuance of the ballot by placing his/her signature on the
list.

In
cases where a citizen cannot personally come to the voting station due to
health or other reasons, the division referendum commission, on the citizen's
request, shall authorize a separate member of the commission to organize voting
for those citizens at their place of residence.

ARTICLE 39. Voting Procedure.

Ballots
shall be completed by citizens in secret cabins or rooms. The presence of any
other person while the citizen completes the ballot is prohibited. A citizen
who cannot complete the ballots personally has the right to invite another
person of his choice into the cabin or room, except members of the referendum
commission.

While
completing the ballot, the citizen shall strike out one of two words:
"yes" or "no".

When
two or more referenda are conducted simultaneously, or when two or more questions
are submitted to the referendum, the citizens shall receive and complete
ballots separately for each referendum and each question.

The
completed ballots shall be dropped by the citizen into the ballot box.

ARTICLE 40. The Tabulation of Votes at the Voting Station.

Tabulation
of votes at the voting station shall be performed by the division referendum
commission.

After the Chairperson's announcement of completion of the
voting, the division referendum commission shall open ballot boxes, as well as
closed envelopes handed over to the commission by the citizens, who changed the
place of their residence. The opening of ballot boxes and envelopes before the
completion of the voting is prohibited. Before ballot boxes and envelopes shall
be opened, the division referendum commission cancels and counts all unused
ballots.

The
division referendum commission on the basis of the list of citizens, who have
the right to participate in the referendum, shall calculate the general number
of citizens, as well as the number of citizens who received ballots. On the
basis of ballots in the ballot boxes and in closed envelopes the commission
shall determine the general number of citizens who participated in the
referendum; the number of citizens who voted "for" the draft of the
law or resolution submitted to the referendum, and the number of citizens, who
voted against and the number of void ballots.

Ballots
which are unidentified, as well as those where the intent of the voter is not clear
are deemed void. Any doubts as to the authenticity of the ballot shall be
resolved by a vote of the division referendum commission.

The
division referendum commission shall review at its session the results of the
tabulation of the votes which are entered into the minutes of the session. If
two or more referenda were conducted simultaneously, minutes shall be compiled
separately for each of them. The minutes shall be signed by the Chairperson,
Deputy Chairperson, Secretary and members of the commission and shall be sent
immediately to the appropriate rayon, city, city rayon, settlement and village
commission on the referendum.

ARTICLE 41. Determining the Results of the Referendum.

On the basis of the minutes from division referendum
commissions, the city, (cities without rayon subdivisions), city rayon,
settlement, and village referendum commission determines:

the
general number of citizens who have the right to participate in a referendum,
the number of citizens who received ballots;

the
number of citizens who participated in voting;

the
number of citizens who voted for approval of the draft of the law or
resolution, and the number of citizens who voted against its approval;

the
number of invalid ballots.

The
appropriate commission shall review the results of the tabulation and enter
them into the minutes and send them to the higher standing referendum
commission. On the basis of submitted minutes the commission of the Republic
of Crimea on the All-Ukrainian
referendum, and oblast, rayon, city (cities with rayon subdivisions) referendum
commissions shall tabulate votes within the administrative and territorial unit
and enter the results into the minutes, and then shall send them to the higher
standing referendum commission.

On
the basis of minutes from oblast referendum commissions, the Central Commission
on All-Ukrainian referendum determines the results of the All-Ukrainian
referendum and enters them into the protocol.

When
a local referendum is conducted within the oblast, rayon, city, city rayon,
settlement and village council territory the appropriate referendum commission
at its session shall determine its results and enter them into the protocol.
The protocol with the vote tabulation results or referendum results shall be
signed by the Chairperson, Deputy Chairperson, Secretary and members of the
appropriate referendum commission.

The
appropriate referendum commission can announce referendum results void if
violations of this Law have taken place during the voting or the tabulation of
votes.

The
draft of the law or resolution shall be considered approved if more than fifty
percent of those citizens who participated in the referendum, voted for this
law or resolution.

The referendum shall be considered not to be conducted if
less than 50% of the citizens on the voter list participated in voting, and a
referendum on pre-term termination of the authority of the Verkhovna Rada of
Ukraine and the President of Ukraine shall be considered not conducted if less
than two-thirds of the citizens on the voter list participated in it.

The
results of the referendum shall be published by the appropriate commission no
later than ten days after the referendum. The announcement shall include: the
legal number of citizens who voted for support of the draft of the law, the resolution
submitted to the referendum; and the number of citizens who voted against its
approval; the number of void ballots.

ARTICLE 42. Openness During the Determination of Referendum Results.

The
representatives from labor collectives, public organizations, political
parties, mass movements, professional technical mid-level and higher
educational institutions, citizens meetings on the territory of their domicile
and servicemen in the military units, and state bodies have the right to be
present at referendum commission meetings, during tabulation of votes and
determining the voting results. The authority of these designated
representatives shall be certified by written order or certificate.

The
appropriate commissions shall be informed regarding the intention of
representatives to be present at voting station premises or at referendum
commission meetings no later than two days prior to the voting day. The
interference by representatives with the work of the referendum commissions is
prohibited. The representatives can be deprived the right to be present at
referendum commission meetings only when they have no appropriate written order
or certificate.

Representatives
can be present at premises for the voting or voting division commission
meetings formed in military districts, with the exception of those cases when
their activity is conducted in secrete military units. The list of such voting
divisions and commissions shall be determined by the Central Commission on
All-Ukrainian referendum together with commanders of the appropriate military
districts.

Representatives
of the mass media shall be guaranteed unrestricted access to all assemblies and
meetings related to referendum. Referendum commissions, and state bodies shall
provide them with information about the conduct of the referendum.

ARTICLE 43. Repeat Referenda.

The
Verkhovna Rada of Ukraine
within a month, and the appropriate local Council of peoples' deputies - within
15 days, may declare a repeat All-Ukrainian or local referendum on the whole territory
of Ukraine, the appropriate
administrative and territorial unit or its part, if during the course of
All-Ukrainian or local referendum there were serious violations of this law. In
such a case the decision to appoint new members of the referendum commission
may be adopted.

CHAPTER V. PUBLICATION, IMPLEMENTATION, CHANGE OR
DISAFFIRMATION OF LAWS, AND OTHER DECISIONS ADOPTED BY REFERENDUM

The
law and other decisions, adopted by the referendum, shall be published in
accordance with the procedure foreseen by the laws of Ukraine for the
publication of the Verkhovna Rada of Ukraine and local Councils of peoples'
deputies legislative acts, and shall be implemented from the time of their
publication, unless the law calls for a different date of implementation.

The day of referendum shall be considered as the date of
the adoption of the law.

ARTICLE 45. The Change or Disaffirmation of Laws, Decisions Adopted by
the Referendum.

The
change or disaffirmation of laws and other decisions, adopted by the
referendum, shall be conducted also by referendum.

The
change or disaffirmation of laws and other decisions can be carried out also by
the Verkhovna Rada of Ukraine,
Supreme Council of Republic of Crimea, and local Council of peoples' deputies
correspondingly, if a majority of no less than two-thirds of the total number
of peoples' deputies vote in support thereof. Such a decision must be approved
by a referendum, which shall be conducted during six months after the
introduction of the change or disaffirmation.

CHAPTER VI. ADVISORY QUESTIONING OF CITIZENS OF UKRAINE

With
the purpose to reveal the citizens' will, when important issues of the national
and local significance are to be resolved, the All-Ukrainian and local advisory
questioning of citizens of Ukraine
(consultative referendum) can be conducted according to procedures stipulated
by this Law. The results of the advisory questioning shall be considered and
taken into account when decisions are adopted by the appropriate state bodies.
If drafts of laws and other decisions of the Verkhovna Rada of Ukraine or
decisions of the local Council of peoples' deputies do not correspond with the
results of the All-Ukrainian or an appropriate local advisory questioning, such
laws, decisions could be adopted only by the majority of no less than
two-thirds of all peoples' deputies of Ukraine or deputies of an appropriate
local Council of peoples' deputies.

Provisions
of part one, three, and four of Article 1, as well as Articles 3, 4, 9, 44 of
this Law shall not be applied to advisory questioning of the citizens of Ukraine
(consultative referendum).

ARTICLE 47. Public opinion Polls.

Public
opinion polls conducted according to procedures other than those stipulated by
this Law, or polls on other questions, which according to the law can not be
submitted to All-Ukrainian and local Referenda, do not have the status of the
advisory questioning of the citizens of Ukraine (consultative referendum) with
ensuring legal consequences.